Occupy Wall Street protester Cecily McMillan sentenced to 90 days for assaulting cop

[DonViejo]

Source: Reuters

By Reuters
Monday, May 19, 2014 13:37 EDT

By Ellen Wulfhorst

NEW YORK (Reuters) – An Occupy Wall Street protester convicted of assaulting a police officer during a demonstration two years ago was sentenced on Monday to a 90-day jail term.

A New York jury on May 5 found Cecily McMillan guilty of elbowing a police officer, Grantley Bovell, in the eye as he was attempting to arrest her.

McMillan, 25, was arrested along with scores of others on March 17, 2012 at a demonstration marking the protest movement’s six-month anniversary in New York City.

While thousands of people were arrested during Occupy protests in 2011 and 2012, most of those cases were dismissed, some were resolved out of court and just 67 have gone to trial.

Read more: http://www.rawstory.com/rs/2014/05/19/occupy-wall-street-protester-cecily-mcmillan-sentenced-to-90-days-for-assaulting-cop/

[951-Riverside]

1. Grab their breasts and when they fight back... Charge 'em with assault. The NYPD is Genius

[snooper2]

5. And the ones who refuse even video evidence are here BAM in the thread LOL

Next time you see a cop on the sidewalk walk up and cross check him in the neck.


Let us know what happens (when you have access to the intertubes again that is )

[Ash_F]

13. ...

http://www.democraticunderground.com/1014807089#post12

[NutmegYankee]

15. You mean the blurry video? Seen it and still believe her.

The prosecutor claimed she was making up her sexual assault/groping defense and faked her injury. Talk about disgusting and unethical behavior!

The word of a Pacifist vs. NYPD. Gosh that's a real hard one on who to believe...

[randome]

43. A pacifist who elbows a cop. Sure.

Her story kept changing and the jury didn't buy it. It really is as simple as that.
[hr][font color="blue"][center]The truth doesn’t always set you free.
Sometimes it builds a bigger cage around the one you’re already in.[/center][/font][hr]

[NutmegYankee]

56. Pacifists still believe in self defense against sexual assault.

That the man committing the groping was a cop makes it even more disgusting.

Pervert grabs breast, woman responds to defend herself. It's really as simple as that.

[alp227]

2. at least she didn't get the book (2-7 years) thrown at her,

especially since the JURY pled for leniency!

[secondwind]

3. am so happy for her and her family that her sentence is only 90 days... woot woot!

[DRoseDARs]

4. That tit came out of NO WHERE! Officer Bovell's lucky he didn't lose his hand.

Juries: The dumbest people deciding your fate.

[msanthrope]

6. Given the video, she got a very good result. nt

[Ash_F]

12. You mean the video where the officer clearly had his hand between her armpit and over her breast?

Is that how a man should control a smaller woman? NOPE.

Does that position give someone good leverage on a person? NOPE.

Does that position give a man an easy opportunity to squeeze someone's breast? YES.

Does any police agency train officers to hold people like that? NOPE and here is why:




The same officer has a long history of violence and is now being taken to court by other people who claim he assaulted them.

http://www.theguardian.com/world/2014/apr/04/nypd-officer-lawsuit-bovell-guest-mcmillan-occupy

The protester, Austin Guest, alleges that Bovell dragged him down the aisle of a bus while “intentionally banging his head on each seat”.

[msanthrope]

16. Here..where she hits the cop...it's what turned the jury, apparently...

https://m.

&oref=https%3A%2F%2Fm.youtube.com%2F%3Fclient%3Dmv-google&has_verified=1&client=mv-google&layout=mobile

She also claimed to have been in favor of acquitting McMillan, but later voted to convict when she began to feel that doing otherwise was "a losing battle." The juror added that while two other people on the jury had also initially sided with McMillan, they switched to the majority opinion after rewatching the grainy footage of her hitting Bovell. That account seemed to confirm what McMillan's attorney, Martin Stolar, said about the video after the conviction. "I think that is the only piece of evidence that a jury could hang its hat on," he said, before again arguing that it didn't tell the whole story.

http://nymag.com/daily/intelligencer/2014/05/juror-talks-about-cecily-mcmillans-conviction.html

I merely note to you that regardless of how you feel about the verdict, it is a sound one, based on video evidence. It takes a very skilled defense attorney to refute video.

[Ash_F]

17. In that same video you can see he has his hand between her armpit BEFORE she elbowed him.

The guy is a predator who needs to be off the streets and registered as a sex offender. He has a multitude of victims and there will only be more until that happens.

They are appealing the case and I wish them the best.

Hope NYPD at least fires him over the other case so he stops costing New York taxpayers' money. At least if he is not a cop, then he might actually go to prison for his future assaults.

[msanthrope]

18. You mean where she cross checked the cop? Look...I'm not defending the officer...I'm pointing out

to you that the jury did find her guilty because they watched the video and that video did not support her account.

Her attorney would be a feckin' idjit to appeal this sentence.

[Ash_F]

19. If someone is sexually assaulted, they THEN have the right to defend themselves.

Elbowing is a self-defense technique that is taught in many women's self-defense classes. If elbowing him stopped the squeezing, which was enough to burst the capillaries of her breast, for even one second, then I don't see anything wrong with that.

Do you see anything wrong with that? If resistance can prevent painful ongoing sexual assault, even if it can only prevent it for a short time until the larger person overpowers the victim, do you think that is wrong?


The case is being appealed because evidence was withheld form the start. The cop's past assaults and indiscretions were deemed immaterial. This is wrong, it is very material. The judge made a mistake. He seems like a 'good old boy' protecting one of his own. Hopefully the appeals court has better judges.

[msanthrope]

21. But the video did not support her claim of being sexually assaulted, and then hitting the cop per

the jury. The jury did not buy her version of events, and they are the fact-finders.

As for myself, I make no judgment on what the video shows...I'm merely pointing out to you that a jury simply did not buy her version of events after that video.

As for an appeal, I will tell you that it is my legal opinion that her attorneys would be foolish....extremely foolish....to disturb this verdict/sentence.

[Ash_F]

22. Video clearly shows his right hand going between her armpit from behind and over her breast.

We know that this is an improper hold in the first place. He should have held her from the shoulder if he wanted to escort her.

The viewpoint is too far away to tell if he was squeezing her, but the bruise matches perfectly with a right hand from behind, with finger marks pointed towards her sternum. The video does show that is where his hand was positioned.

An appeal on the grounds that the officer's previous history of violence, dishonesty and breach of protocol is material and should be brought up.

[msanthrope]

24. Clearly, the prosecutor was well-prepared on that point:

Choi called McMillan's claim that Bovell had grabbed her "absolutely offensive" and "physically impossible," and said it was "absurd how nonsensical that story is." If McMillan was truly grabbed, Choi said, the young woman would have reported it right away. She pointed out that she spoke to a social worker and a psychiatrist in the hospital after she was arrested, and didn't mention the incident to either of them.

"This is not someone who would be too shy to say she was sexually assaulted, if she was sexually assaulted," Choi said.

The prosecution's case had also relied heavily on McMillan's medical records, which did not mention a bruise on her breast and didn't diagnose her as having suffered a seizure in the park (bystanders saw McMillan having what looked like a seizure; she testified during the trial that her doctors told her they wouldn't be able to diagnose a seizure after the fact). Choi said the seizure was a fake, calling it "the performance of a lifetime." (She also implied, but did not say outright, that McMillan had also faked breathing problems after she was arrested in December of 2013 in an unrelated misdemeanor. We have obtained a copy of the complaint in that case. It doesn't say how McMillan was taken into custody or whether she complained of breathing issues.)

McMillan also told one doctor shortly after the arrest that she wasn't in serious pain, but told another doctor two days later that her pain was a 10, the worst kind. "This defendant is not reliable and cannot keep her story straight," Choi said. She added that the first time McMillan's bruised breast was noted by a doctor was three days after the incident, when McMillan saw her own doctor at the Institute of Family Health. The prosecutor implied that McMillan had bruised her own breast. For Bovell to have grabbed her hard enough to leave a bruise and scratches, she said, he would have to have "razorblades as fingernails and a hot iron for a hand."

http://blogs.villagevoice.com/runninscared/2014/05/cecily_mcmillan_verdict_occupy_wall_street_protester_erin_choi.php?page=2

It seems that the prosecution was effective in refuting her claims. While I have no interest in defending that particular officer, I think the defense made several tactical errors. It would be foolhardy of them to appeal.

[Ash_F]

25. The judge made an error in barring the officer's character. A willful error.

Already the jury is showing remorse and regret.

The motor bike incident showed that he would disregard his training and do things his own way.

The separate head bashing and stomping incidents showed that he can be tempted to sadistically hurt people if he thinks he can do it in a sly way and get away without being noticed by other parties.

The ticketing scandal showed that he is willing to abuse his authority to get what he wants.

All of these incidents show a pattern of behavior that fits in perfectly with the allegation that he abused his authority by disregarding his training(improper holding technique) to put himself in position to sadistically squeeze a woman's breast from behind because he slyly thought no one else would notice.


The defense was not allowed to make this argument. They should have. I hope the appeal succeeds. It would be a victory for women's rights and an admonition of victim blaming.

[msanthrope]

27. The ticketing scandal was brought in....and sucessfully parried by the prosecutor.

As for other incidents, they may not have been relevant to the incident in question--my understanding from the dirt bike incident is that while he was a named defendant along with others, he was not the driver of the car, and therefore, that incident may be too attenuated to be relevant. Further--that lawsuit was dismissed.

As for the other Occupy lawsuit, again...the lack of a sworn affidavit by Mr. Guest, as opposed to the hearsay offered, would keep that out. That's sloppy defense work.

Appealing on the 50-(4)a denial would be foolhardy because I don't see the judge abusing his discretion there.

[Ash_F]

29. Yeah leaving a sexual predator on the streets is not abusing his discretion.

[msanthrope]

31. Well, if McMillian wishes to file an excessive force/sexual misconduct complaint, she is welcome to

do so.

Of course, she was drunk, and does not recall the altercation, so I don't know where that's going to go.

http://www.nytimes.com/2014/05/01/nyregion/protester-says-she-doesnt-recall-striking-a-police-officer.html?_r=0

What did you expect the judge to do? Fire the officer?

[Ash_F]

33. Indeed, the justice system failed at every level in this case.

But only because the system is inhabited with people who don't belong there.

The officer, the police chief, the DA, and the judge are not worthy of their positions. It is our duty as citizens to ensure that people like this do not come to power.

[msanthrope]

37. One could argue that the failure is that a white, intellectual woman with financial backing,

protestors and support managed to get away with only 90 days for assaulting a cop while drunk.

I WISH as much outcry ever happened for one of my indigent, minority clients.

[Ash_F]

38. Your defense of this brutal sexual assault is noted

You never answered my question from earlier. You do think that a woman should be able to resist an ongoing sexual attack?

[msanthrope]

39. Well, aren't you asking two questions there?

Your first question seems to be:

You do think that a woman should be able to resist an ongoing sexual attack?

Really? Do you really think I'm going to tell you that a woman has no right to resist an ongoing sexual attack? Come on now.


Your second question, albeit unwritten, seems to be "Was Cecily McMillian sexually assaulted?"

The jury seemed to not think so....or, more specifically, they seem to have taken the evidence presented and still found her guilty, and it is possible for them to do so, without ever resolving whether or not Ms. McMillian was sexually assaulted.

A point of law, though.....touching someone's breast is not necessarily a 'sexual' assault, nor an 'assault.'

[Ash_F]

44. Squeezing it to the point of bruising isn't?

Way to blame the victim. Sexual violence against women is a serious problem and the only thing you have been right about is that minority women have it worse. This case is important in a women's rights context. As a society we must give a clear message that sexual abuse is not ok.

Look I see where and with who you stand. I am comfortable with the people I stand by.

Pussy Riot Visits Jailed Occupy Protester Cecily McMillan At Rikers Island
http://www.huffingtonpost.com/2014/05/09/pussy-riot-cecily-mcmillan_n_5297932.html

Editors Don’t Belong in Courtrooms, and Cecily McMillan Doesn’t Belong in Prison
http://www.thenation.com/article/179768/editors-dont-belong-courtrooms-and-cecily-mcmillan-doesnt-belong-prison#

[msanthrope]

45. It does seem that the jury in this case did not find that claim credible. I don't know if they

simply bought the prosecutor's argument that the injuries were self-inflicted, or, they decided that regardless of the bruising, McMillian was still guilty of assault of the cop.

I'm not arguing with you that sexual violence is a problem. I'm merely pointing out to you that the jury came to a verdict, and it seems to be a verdict supported by the evidence. Doesn't mean I agree with the verdict, but I certainly can see how it was arrived at.

[Ash_F]

47. And it is clear that most of them regret it.

They were not informed of everything they should have been informed of. The officer's character could not be more relevant.

Whether or not the appeal succeeds rests on who sits on that court. I don't know who it will be. If it is a bunch of good ole boys who love protecting rapists, it will be hard. If it is with people who have any sense of justice and gender equality, then they have a good chance.

[msanthrope]

48. Well...I don't think they regret the verdict....merely a possible sentence. But she got a very good

sentence.

As to character, you will note that the ticket scandal was presented to the jury.

I don't think they are appealing.

[Ash_F]

49. They said they were appealing.

http://justiceforcecily.com/statements/team-sentencing/

I think the jury does regret the verdict, most of it anyway. And will especially moreso as they learn about the man they sided with.

Hopefully he can be stopped before he claims another victim. People like that don't stop on their own.

[msanthrope]

50. Yeah..let me know when they actually have an attorney, and when that attorney has made

a bail pending appeal motion. Principles aside, I think it would be malpractice to tell a client to give up a 90-day sentence on this.

[Ash_F]

51. That was her attorney.

She has already began social organizing from prison

http://approachingjustice.net/2014/05/15/cecily-mcmillan-writes-aboutrikers-justice4cecily-occupy/

Just like Pussy Riot. Her spirit has not been broken. Good for her.

[msanthrope]

52. Her appellate attorney. When they hire one of those, then an appeal is actually in the offing. nt

[Ash_F]

53. I just looked up the appeals court and it is 3 Dems, 4 pubs

That is a bummer.

Well at least 2 of the pubs are women, so that is something.

This is why governor's elections are so important.

[24601]

65. Wait a minute - when you accuse someone of a crime, including sexual assault, aren't they also

not guilty until a jury says so?

When did DU adopt the standard of guilty until proven otherwise?

[Ash_F]

66. The jury did not receive all of the facts

Therefore it was not a fair trial. They even showed severe remorse afterwards.

I encourage you read further down the sub-thread and the provided links because you don't sound like you know what you are talking about.

[24601]

68. The cop has not been tried by a jury - only trial by DU accusation. No jury has judged him guilty.

Regardless of her trial, he remains not guilty.

And you're wrong, I have read the thread. I've tired of "the cop must automatically be guilty of all accusations".

Calling him a brutal sexual accuser is at this point an unproven allegation. The constitution applies even to police.

[Ash_F]

70. It's going to appeals.

Does it please you that it will be a majority Republican court? They are fairly pro-rape.

[24601]

71. A case that hasn't been tried isn't going to be appealed. I judge it matters not who appointed

judges who will hear her appeal. The will rule based on the law rather than hear the case de novo.

[Ash_F]

72. That's adorable.

[treestar]

60. I could understand differing with a jury

It happens all the time. But registered as a sex offender? Sheesh.

[Ash_F]

63. Squeezing someones breast to the point of bruising is more than worthy of that.

Disgusting that you would condone such an attack. Typical, but disgusting.

[treestar]

75. Looks like there is some question of whether the cop caused that bruising.

He did not intentionally squeeze her breast. If it happened in the incident, it wasn't due to him intentionally doing that to her. He wasn't even charged with that. You've lost all objectivity somehow. And ought to take back what you said about me personally.

[Ash_F]

80. I direct you to read the subthread and links found therein

Do you think juries always get it right?

Do you think juries always receive all relevant evidence?


Another poster pointed out to you the case of Trayvan Martin. You should know better.

You are making excuses for a sexual predator. What kind of response do you feel you are entitled to?

[randys1]

26. She may have hit the cop simply to hit the cop...

And if that is the case she should receive some punishment, 90 days is plenty

But should not spend a single day in jail until George W Bush, Dick Cheney and the rest are in prison for murder...

It is that simple.

[msanthrope]

32. She was drunk. She also claims she can't recall hitting the cop.

90 days...she's damned lucky.

http://www.nytimes.com/2014/05/01/nyregion/protester-says-she-doesnt-recall-striking-a-police-officer.html?_r=0

[randys1]

34. Yeah, lucky, and while Bush and Cheney roam free, injustice is everywhere

[msanthrope]

36. The fact is, if a crime were perpetrated against you, would you be satisfied with the defendant

claiming that because Bush and Cheney roam free, they should be unaccountable?

[randys1]

40. No, you just made my point though, didnt you!

You see unless justice is everywhere it is nowhere.

[treestar]

62. Apparently

lol.

[24601]

67. As it the guy who ordered a drone strike on a US Citizen. Are you willing to throw him under the

same bus?

[randys1]

69. absurd comparison

[treestar]

59. And it was up to the jury

Which some DUers seem not to get. The fact question was decided against her by the jury. Some people seem to believe the cop is always in the wrong, even if the jury decides otherwise.

[msanthrope]

61. You've got it....the jury is the fact-finder here. nt

[blkmusclmachine]

7. I heard she was just standing her ground.

[warrprayer]

8. the cop was in plain clothes

"undercover cop"

for those who didn't know.

[Mister Ed]

57. In plain clothes, and approaching from behind, where she couldn't see him

I can't see from the video how she could have known he was a cop when he grabbed her.

[christx30]

79. So if I see a woman grabbed from behind by some guy in street clothes

and she looks like she's in distress, I run over and punch her attacker to stop the attack, I'm either a hero that may have stopped a rape, or I just assaulted an officer, and I'm going to jail. There's no way to know.
What if it wasn't this woman that elbowed him? What if a good Samaritan had beaten this guy to a bloody pulp before he revealed himself to be a cop? Would he be going to jail for 6 or 7 years for trying to help her? Would that cause the next person to hesitate in helping someone in this kind of case?

[Hissyspit]

9. None of those cops should have been there in the first place.

Love the apologists here.

I watched those raids live (at night, of course) and haven't forgotten what was done.

[randys1]

35. If you stand for justice in America, you are targeted, beaten and thrown away like trash

One day, maybe, the right wing morons will figure this out

[Fantastic Anarchist]

41. And yet the Budny fucktwits train their guns on Federal Agents.

Yet receive no punishment.

This country is disgusting.

[randys1]

42. Yes, no justice in America, very rare anyway

[Ash_F]

46. Federal Law enforcement is saturated with people who think just like Bundy

Last edited Tue May 20, 2014, 07:48 PM - Edit history (1)

Pissed that there is a Black President(their boss), more women in congress(bosses) and more equal rights for gays. They see the country changing culturally from their own ideal and they can't handle it.

Not everyone in the Fed is like that. But enough that they have a lot of power over how decisions are made.

So they gave Bundy a pass. They were already sympathetic. If Bundy were the color of some of his Native American neighbors, they would have lost their minds overreacting to him.

They would have blown his brains out long ago.

And yes that is injustice. This is why democratic involved in government is so important. So people like the judge in this case, and the bigots in the Federal government don't come to power.

[Ash_F]

10. It's good to see the pro sexual assault Duers are here BAM right on time! /nt

[Ash_F]

11. Excerpt from her legal team's response.

http://justiceforcecily.com/statements/team-sentencing/

The sentencing of Cecily McMillan has elicited an array of deeply felt responses from a broad range of individuals and communities, and it has also created a moment to think about what solidarity means.For many of us who consider ourselves to be part of the Occupy movement, there’s first and foremost a simple and deep sadness for a member of our community who has endured a painful and demeaning physical and sexual assault, and now has had her freedom taken away from her. And it’s painfully clear to us that Cecily’s case is not special. Sexual violence against women is disturbingly common, and there is a tremendous amount of over-policing and prosecutorial overreach by the police and the courts, enacted predominantly upon black and brown populations every single day, generation after generation.

[JackRiddler]

14. FIVE YEARS PROBATION

That's the worse punishment: Five years under state control, reporting to a P.O., muzzled, in constant fear of being violated.

A cop assaulted her from behind, she reacted naturally by elbowing him and running away.

Disgusting system.

[NutmegYankee]

20. Not to mention that the Felony conviction...

will leave her with Second class citizenship for the rest of her life. Less rights, fewer job opportunities. All because she defended herself from a groping.

[Jamastiene]

28. With the busted blood vessels she had on her chest and the way that cop

manhandled her? She should not have been charged at all. It was self defense. I don't care what anyone says. That was clearly a case of self defense.

[Sunlei]

30. she needs a full pardon! That police thug grabbed her breast HARD, from behind. She had a right t

She had a right to defend herself.

[treestar]

58. The jury did not agree

The jury convicted her. They found she assaulted him.

[NutmegYankee]

64. And the Zimmerman jury found him not guilty.

Juries can be wrong.

[NealK]

73. +1 n/t

[treestar]

74. Not every time we disagree with them

Or in this case, want the cop to be the one in the wrong. There are some people who cannot even consider the idea the cop might be in the wrong. Especially in an Occupy situation.

[yurbud]

54. it should be time served at worst.

[yurbud]

55. Can she go back and charge the cop for sexual assault or sue the Police Department?

If that paperwork got in the pipe, her sentence might magically disappear.

[nilesobek]

76. This was not an attempt at keeping the peace,

he actually damaged her in a violent sexual assault. The only reason imo she was charged is because he was a cop. I doubt he was damaged as bad by her elbow. Its too bad she didn't respond like "Rowdy," Rhonda Rousey, the UFC fighter and break his groping arm.

[Niceguy1]

77. 90 days seems fair

[BeyondGeography]

78. A good summary of the case and the defendant here

http://blogs.villagevoice.com/runninscared/2014/05/cecily-mcmillan-trial.php

The jury comes off as reasonable; 9 of 12 said no jail time. I agree with them.